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(영문) 서울중앙지방법원 2015.06.18 2013가합89285

주권인도

Text

1. The defendant shall state on the plaintiff B, C, D, E, and F the "share certificate number", the "number of stock certificates", and the "number of stock certificates" in attached Table, respectively.

Reasons

1. Basic facts

A. The defendant is a company established on December 13, 2007 with its main business purpose to develop and sell software and contents.

The first total number of shares issued by Defendant Company was 10,000 shares (5,000 shares per share) and was changed to 20,000 shares on May 29, 2009, 200, 470,000 shares on January 20, 2010, 200 shares, 51,000 shares on February 2, 2010, 559,000 shares on February 23, 2010, and 639,000 shares on May 20, 2010.

After that, on May 3, 201, the face value per share was changed to 500 won on a par value, and the total number of outstanding shares became 6,390,000 shares (one share was divided into 10 shares). On December 30, 2013, the total number of outstanding shares became 7,590,000 shares with capital increase with capital increase around December 30, 2013.

B. On May 18, 2009, H was appointed as the representative director of the Defendant Company, but resigned on August 20, 2013, and on February 11, 2008, H sold 200 million won per share of the Defendant’s shares owned by the Plaintiff D, in total of KRW 50 million per share, and on October 13, 2009, in total of KRW 250 million per share of the Defendant’s shares owned by the Plaintiff F, with KRW 250 million per share of KRW 150 million per share. Plaintiff D and F around that time were registered as a shareholder on the register of shareholders.

C. On February 2, 2010, Plaintiff E participated in the Defendant’s capital increase with a total of KRW 350 million per share; Plaintiff B and C participated in the Defendant’s capital increase with a total of KRW 50 million per share of KRW 50 million; and Plaintiff B and C participated in the Defendant’s capital increase with a total of KRW 50,000 per share of KRW 50,000 per share; thereafter, Plaintiff E were registered as shareholders on the Defendant’s list of shareholders around that time.

On May 3, 2011, the face value per share was changed to 500 won per share due to the Defendant’s share split, and accordingly, the shares held by H on the Defendant’s list of shareholders became 3,235,700 shares.

Plaintiff

A on December 20, 201, the Defendant’s shares 25,000 per share, which H had been held by H, was acquired in total at KRW 100 million, and around that time, the transfer of ownership for the shares was completed and registered as a shareholder on the Defendant’s list.

E. Meanwhile, the Defendant, on May 31, 2010, constitutes a national bank (hereinafter “national bank”).